Trade Law

2022: A Year in Review

January 1, 2023
Team - EXIM Forbes

From all of us at Diaz Trade Law, we are immensely grateful for your support this year. While returning to a new normal post-pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2022. It is with great joy that we finish off 2022 filled with numerous achievements and accomplishments we are humbled to share with you. We look forward to assisting you in what we envision will be a better and brighter 2023!

Below we share some of our top 2022 success stories with you.

Successfully Mitigated Penalty Actions and Refunds Issued by CBP to our Clients

  • Our client wanted to know the status of prior CBP refunds and the status of the return of their collateral paid to their surety. Through our ACE report we were able to confirm over $500,000 in refunds, and our FOIA discovered where the checks were sent to. We were able to assist in ensuring the CBP refunds were properly returned to our client. Similarly, we were able to work with the surety to ensure the collateral posted was properly returned. 
  • Our client received 4 penalties totaling $411,641 from CBP. After Diaz Trade Law filed a successful Petition with CBP, the penalties were mitigated with a total savings of $356,803.20!​
  • Our client received a penalty of $307, 970 from CBP in accordance with Title 19. After Diaz Trade Law intervened, the penalty was determined to be mitigated in full.
  • Our client received a penalty in the amount of $216,867.00 from CBP. After Diaz Trade Law filed a successful Petition with CBP, the penalty was mitigated in full!​
  • Our client received a penalty of $118, 237 from CBP in accordance with Title 7 and Title 9. After Diaz Trade Law intervened, the penalty was afforded mitigation in the amount of $11, 823.70.
  • Our client received multiple CBP Notices of Penalty. Diaz Trade Law convinced CBP to agree to receive one Petition covering all FP&F cases, and similarly agreed to the mitigation requested in our Petition and the over $43,000+ penalties were mitigated down to just $1,500 (a huge savings to our client).​
  • Our client received a penalty of $39,800 for allegedly importing counterfeit merchandise. Diaz Trade Law was successful in getting this penalty CANCELED entirely!
  • Our client incurred a penalty from CBP in the amount of $29,386.00. Diaz Trade Law filed a petition with CBP and the penalty was mitigated down to $2,938.60, or 10%. ​
  • Our client received a $14,362 penalty from CBP for incorrectly filing Electronic Export Information (EEI). After Diaz Trade Law’s successful petition, CBP mitigated the penalty to $750 (a 95% reduction!).
  • Our client was fined for misclassifying their products with CBP. After Diaz Trade Law intervened and claimed prior disclosure treatment, CBP refunded an overpayment of $10,618.56.
  • Our client received penalty relief from CBP after Diaz Trade Law filed a successful supplemental petition.​​​

Successfully Mitigated Liquidated Damages Claims 

  • Our client received a liquidated damages claim of $50,000 from CBP. After Diaz Trade Law filed a successful supplemental petition, CBP agreed to mitigate the claim down to $10,000 (a savings of $40,000 to our client). 
  • Our client received a liquidated damages claim from CBP in the amount of $50,000. Diaz Trade Law filed a successful supplemental petition, and CBP agreed to mitigate the claim down to $204 (a savings of $49,796 to our client). 
  • Diaz Trade Law filed a strong petition for a client who received a liquidated damages claim of $23,220, with CBP later granting relief of the liquidated damages to our client upon payment of a mitigated amount of $3,483 (a savings of $19,737 to our client). 
  • Our client who received four liquidated damages claims at the same time, totaling $20,000.00. Diaz Trade Law convinced CBP to accept one Petition (instead of 4) and CBP agreed to mitigate the claims down to $4,000.00 (a savings of $16,000.00 to our client).
  • Our client received a liquidated damages claim of $15,336 after Diaz Trade Law filed a successful supplemental petition, CBP granted relief  ​
  • Our client received a liquidated damages claim from CBP. Diaz Trade Law filed a strong petition, with CBP granting a relief of the liquidated damages penalty upon payment. ​
  • Diaz Trade Law submitted a successful petition requesting relief from the Liquidated Damages claim assessed by CBP against our client. CBP agreed the subject liquidated damages case should be closed.​

CBP Detention Assistance 

  • Our client’s Cuba-bound humanitarian shipments were detained. After Diaz Trade Law intervened and demonstrated the shipment did not violate U.S. sanctions, CBP released the merchandise.
  • Our client’s goods were detained by CBP for an alleged counterfeit violation. After Diaz Trade Law filed a supplemental petition, CBP agreed that the merchandise detained was not actually counterfeit as initially alleged, but was confusingly similar, and authorized the exportation.
  • Our client’s goods were detained by CBP for alleged trademark infringement. After Diaz Trade Law successfully obtained the trademark holder’s consent to release the seized goods, and then quickly filed a petition with CBP, within a record of 20 days after receiving our petition, CBP agreed to release our clients’ legitimate goods.
  • Our client’s goods were detained by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP partially released our client’s goods, and proceeded with completing the release when the license was approved. ​
  • Diaz Trade Law’s efforts were instrumental in ensuring the importer had a fair chance to prove their goods were not in violation. After a DOT inspection of the goods, in the presence of CBP, it was determined the goods were not in violation and were released.  ​​​​

Successfully Assisted in CBP Corporate Broker Licensing 

  • As part of a company’s acquisition of a custom brokerage firm, Diaz Trade Law assisted our client in acquiring their corporate broker license!
  • Diaz Trade Law successfully assisted our client in acquiring their broker license.​

United States Patent Trademark Office (USPTO)

  • Diaz Trade Law successfully registered numerous brands with USPTO and thereafter recorded those trademarks with U.S. CBP! ​

Food Drug Administration (FDA) Recalls

  • Our client’s products were recalled by the FDA. After Diaz Trade Law assisted with the recalls, the FDA terminated the recall.

Antidumping and Countervailing Duty (AD/CVD)

  • Our client Diaz Trade Law requested a scope ruling for our client’s solar panel modules/cells. The U.S. Department of Commerce confirmed our client’s products did not fall within the scope of the AD/CVD orders.

Binding Rulings/FOIA

  • Our client wanted confirmation on the correct Harmonized Tariff Schedule (HTSUS). After Diaz Trade Law’s persuasive binding ruling request, our client obtained the binding ruling it desired!
  • Diaz Trade Law submitted a FOIA on behalf of our client requesting copies of CBP lab reports. The FOIA was processed quickly and effectively with the help of Diaz Trade Law.
  • Diaz Trade Law submitted a FOIA on behalf of our client requesting copies of CBP lab reports. Our client’s FOIA was processed swiftly and effectively.

Export Compliance and Enforcement Mitigation Assistance

  • Diaz Trade Law actively assisted exporters:
    • Vetting proposed export transactions
    • Providing voluntary self-disclosures to Census and OFAC
    • Developing an effective export compliance plan
    • Developing export compliance training
    • With mitigation and corrective action
    • Presenting export report cards to clients based upon an analysis of ACE data
    • Analyzing export trade data
    • With mitigation of export seizures and penalties

Protests

  • Our client received a CF-29 Notice of Action Taken from CBP alleging country of origin and FTA mis declarations. 
    • Diaz Trade Law filed a strong protest demonstrating the validity of our client’s original country of origin and FTA claims, which ultimately resulted in CBP approving the protest and issuing appropriate refunds to our client.​

Assisted Numerous Importers in Filing Prior Disclosures and Voluntary Self-Disclosures Accepted by CBP 

  • Diaz Trade Law successfully assisted our client in filing a Prior Disclosure (PD) with CBP. The PD was accepted, resulting in no penalties being assessed to our client.
  • On behalf of our client, Diaz Trade Law submitted a perfected prior disclosure for an underlying valuation error, CBP accepted the disclosure and waived the interest penalty. ​. ​

Successfully Assisted Numerous Importers in Various Seizure Cases

  • Our client’s goods valued at $123,267 were seized by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP agreed the merchandise should be released!​
  • Our client’s goods valued at almost $100k were seized by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP agreed that the merchandise should be released!​
  • CBP seized our client’s goods valued at $34,466 and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products upon a mitigated penalty of $3,466.  ​
  • Our client failed to declare $33,100 when traveling domestically, and their currency was seized by CBP. After Diaz Trade Law’s successful petition, CBP released the currency with a mitigated penalty of $2,500 (returning $30,600 to our client). ​
  • CBP seized our client’s goods valued at $23,448 and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products upon a mitigated penalty of $1,000. ​
  • CBP seized our client’s goods and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products! ​
  • Our client’s products were seized for violations of 19 U.S.C. 1526(e) for bearing unauthorized markings. After Diaz Trade Law intervened, CBP granted partial relief for the forfeiture.
  • CBP seizures can be difficult to navigate. When our client received the CBP seizure notice for an underlying intellectual property rights counterfeit claim, Diaz Trade Law filed a persuasive petition (including communicating with and receiving a letter of consent from the trademark owner) which led to CBP agreeing to release our client’s products!    ​

Office of Foreign Affairs Control (OFAC)

  • Our client’s wire payments of almost $1M from Venezuela were blocked by its U.S. bank for possible violations of U.S. sanctions laws.
    • After Diaz Trade Law filed specific license applications with the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), OFAC issued specific licenses authorizing the legitimate funds to be unblocked and returned to our client. ​
  • Diaz Trade Law submitted a successful specific license request that was granted by OFAC. ​

United States Department of State (DOS)

  • Diaz Trade Law filed a successful license application with the Department of State on behalf of a client.

Foreign Trade Zone

  • Our client wanted to expand its current Foreign Trade Zone (FTZ). Diaz Trade Law assisted in submitting a request for a Minor Boundary Modification of its FTZ. Diaz Trade Law was successful in having this request approved by U.S. Customs and Border Protection.

Awards 

  • In 2022, Diaz Trade Law President Jennifer Diaz received the following awards:
    • Award of Excellence in the Promotion of Board Certification, Board of Legal Specialization & Education.
    • 2022 Florida Super Lawyer.
    • Florida Trend’s Florida Legal Elite™.
    • Award of Exemplary Service, Florida Bar International Law Section.
    • MDBA Legacy Award as a Distinguished Strategic Partner, U.S. Department of Commerce MEDWEEK 2022.
    • Canadian Maple Leaf Award.

Publications

Key publications written by Diaz Trade Law in 2022 were:

Diaz Trade Law Articles

Key articles written in 2022 by our team at Diaz Trade Law:

Customized Training Programs & Webinars

Key training programs and webinars taught by Diaz Trade Law in 2022 were:

  • Webinar, Diaz Trade Law, “Keeping Your BOL Data Confidential – A Lesson on Manifest Confidentiality“, December 8, 2022
  • Doral, FL, World Trade Center, “Importing 101 – Back to the Basics”, November 15, 2022
  • Port Miami, Beacon Council, Trade and Logistics Update, November 10, 2022
  • Miami Beach Convention Center, Air Cargo Show, “Women in Logistics,” November 9, 2022
  • Webinar, ProChile, “Importing Food into the U.S. Complying with CBP and FDA”, November 8, 2022
  • North Miami, FL, FIU, “Produce Post-Harvest Handling and Value Chain Development for Costa Rica, Nicaragua, and the Caribbean”, October 31, 2022​
  • Aventura, FL, FLN, Chapter Speaker, October 28, 2022
  • Webinar, Diaz Trade Law, “Tips on FDA’s Medical Device Registration Process“, October 26, 2022
  • Washington DC, MSI International Conference, International Trade Challenges Roundtable, October 23/24
  • FITCE, “Importing into the U.S. with CBP, FDA, CPSC, and USDA”, October 19, 2022
  • Webinar, FCBF, “Experts Demystify CBP’s FP&F Process as it Relates to IPR”, October 12, 2022
  • Webinar, FCBF,”Experts Discuss Complying with CPSC and Getting the Most Out of CTPAT”, October 7, 2022
  • Podcast, Share Your Voice, Behind the Scenes of DTL, October 4, 2022
  • Miami, Fl, OWIT South Florida, International Business Roundtable Breakfast with Canada and Mexico Consuls, September 20, 2022
  • Doral, Florida, World Trade Center, Food and Beverage Show, “Detentions, Warning Letters, and Import Alerts: How to Navigate FDA Enforcement,” September 12, 2022
  • Webinar, NCBFAA, Intellectual Property Rights: A View From East Asia, September 8, 2022
  • Webinar, Diaz Trade Law, “What is Electronic Export Information (EEI) and Why Does it Matter?“, August 18, 2022
  • Chicago, NCBFAA NEI, GTEC, Best Practices for Export Compliance, August 2, 2022
  • Podcast, Simply Trade, “Basics of AD/CVD,” July 29, 2022
  • Mexico City, World Trade Center, “How to Import/Export to the United States Using Florida as Your Point of Entry”, June 22, 2022
  • Webinar, OWIT International, “Stories from The Trenches: Women Who Lead in International Trade”, June 22, 2022
  • Webinar, NCBFAA, “Detentions and Seizures: How to Navigate These Enforcement Waters”, June 21, 2022
  • Global Chamber Clubhouse, “Women in Global Leadership”, May 24, 2022
  • Beacon Council, Trade & Logistics Committee Meeting, “Can Nearshoring Help Build Resilient Supply Chains?”, May 20, 2022
  • Webinar, Diaz Trade Law, “Basics on Tariff Classification (Including 2022 Update)“, May 12, 2022
  • City of Miramar, Economic Development Week, “Miramar: Import and Export, Trade 101” May 9, 2022
  • Florida MBDA Export Academy, “Legal Considerations When Exporting to the U.S.”, May 10, 2022.
  • W Hotel Fort Lauderdale, AFI Convention, “Panel Discussion on Today’s Supply Chain/ Logistics Issues”, April 29, 2022
  • Webinar, Embassy of Georgia, “Importing Food and Beverages in compliance with U.S. FDA”, April 20, 2022
  • Webinar, NCBFAA, “Prior Disclosure: CBP Changes You Should Care About”, April 19, 2022
  • U.S. – Caribbean Business Conference 2022, “Exporting Like a Pro”, April 12, 2022.
  • FCBF Broker Preparation Course, “19 CFR 133 – Intellectual Property Rights”, March 30, 2022.
  • Webinar, Diaz Trade Law, “Gender and Trade”, March 10, 2022
  • Webinar, Ocean Freight Forum, February 4, 2022.
  • Podcast, Gladys Mizrahi, January 13, 2022.
  • Clubhouse, Trailblazers in Trade, “Update on Crypto and Trade”, January 14, 2022.

Diaz Trade Law values you and appreciates your trust in us to be your Customs and International Trade Law Expert! Contact us at info@diaztradelaw.com to schedule your consultation or customized training today.

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